Chapter
206
2004 -- H 7655 SUBSTITUTE A
Enacted 06/29/04
A N A C T
RELATING TO CRIMINAL OFFENSES
Introduced By:
Representatives Lally, Lima, Shanley, Enos, and D Caprio
Date
Introduced: February 10, 2004
It is enacted by the General Assembly
as follows:
SECTION
1. Section 11-45-1 of the General Laws in Chapter 11-45 entitled
"Disorderly
Conduct" is hereby amended to
read as follows:
11-45-1.
Disorderly conduct. -- (a) A person commits disorderly conduct if he or
she
intentionally, knowingly, or
recklessly:
(1)
Engages in fighting or threatening, or in violent or tumultuous behavior;
(2)
In a public place or near a private residence that he or she has no right to
occupy,
disturbs another person by making
loud and unreasonable noise which under the circumstances
would disturb a person of average
sensibilities;
(3)
Directs at another person in a public place offensive words which are likely to
provoke a violent reaction on the
part of the average person so addressed;
(4)
Alone or with others, obstructs a highway, street, sidewalk, railway, waterway,
building entrance, elevator, aisle,
stairway, or hallway to which the public or a substantial group
of the public has access or any other
place ordinarily used for the passage of persons, vehicles, or
conveyances;
(5)
Engages in conduct which obstructs or interferes physically with a lawful
meeting,
procession, or gathering;
(6) (i)
Enters upon the property of another and for a lascivious purpose looks into an
occupied dwelling or other building
on the property through a window or other opening; or
(ii)
For a lascivious purpose looks into an occupied dwelling or other building by
use of a
computer, wire, camera or any
video imaging system that provides images of the interior of that
dwelling; or
(7)
Exposes his or her genitals to the view of others under circumstances in which
his or
her conduct is likely to cause
affront, distress, or alarm to the other persons.
(b)
Any person, including a police officer, may be a complainant for the purposes
of
instituting action for any
violation of this section.
(c)
Any person found guilty of the crime of disorderly conduct shall be imprisoned
for a
term of not more than six (6)
months, or fined not more than five hundred dollars ($500), or both.
(d)
Where the provisions of "The Domestic Violence Prevention Act",
chapter 29 of title
12, are applicable, the penalties
for violation of this section shall also include the penalties as
provided in section 12-29-5.
(e)
In no event shall subdivisions (a)(2) -- (5) of this section be construed to
prevent
lawful picketing or lawful
demonstrations including, but not limited to, those relating to a labor
dispute.
(f)
In no event shall the provisions of this section be construed to apply to
breast feeding
in public.
SECTION
2. Title 11 of the General Laws entitled "Criminal Offenses" is
hereby
amended by adding thereto the
following chapter:
CHAPTER
64
ELECTRONIC IMAGING DEVICES
11-64-1.
Definitions. – (1) For the purposes of this section the following
definitions
apply:
(a)
"Disseminate" means to make available by any means to any person.
(b)
"Imaging Device" means any electronic instrument capable of
capturing, recording,
storing or transmitting visual
images.
(c)
"Intimate areas" means the naked or undergarment clad genitals, pubic
area, buttocks,
or any portion of the female
breast below the top of the areola of a person which the person
intended to be protected from
public view.
(d)
"Legal entity" means any partnership, firm, association, corporation
or any agent or
servant thereof.
(e)
"Publish" means to:
(i)
disseminate with the intent that such image or images be made available by any
means
to any person or other legal
entity;
(ii)
disseminate with the intent such images be sold by another person or legal
entity;
(iii)
post, present, display, exhibit, circulate, advertise or allow access by any
means, so
as to make an image or images
available to the public; or
(iv)
disseminate with the intent that an image or images be posted, presented,
displayed,
exhibited, circulated,
advertised or made accessible by any means, and to make such images
available to the public.
(f)
"Sell" means to disseminate to another person, or to publish, in
exchange for
something of value.
11-64-2.
Video voyeurism. – (1) A person is guilty of video voyeurism when,
for the
purpose of sexual arousal,
gratification or stimulation, such person:
(a)
uses, installs or permits the use or installation of an imaging device to
capture, record,
store or transmit visual images
of the intimate areas of another person without that other person's
knowledge and consent, and under
circumstances in which that other person would have a
reasonable expectation of
privacy.
(b)
intentionally, and with knowledge that the image was obtained in violation of
subsection (a), disseminates,
publishes, or sells such image of the captured representation of
another person or persons
depicted in the representation or reproduction, and who did not consent
to the dissemination,
publication or sale.
(2)
A person is also guilty of video voyeurism when that person, for the purpose of
sexual
arousal, gratification or
stimulation, looks into an occupied dwelling or other building by use of
an imaging device that provides
images of the interior of a dwelling.
(3)
A person found guilty of the crime of video voyeurism shall be imprisoned for
not
more than three (3) years in
jail and/or fined not more than five thousand dollars ($5000).
SECTION
3. This act shall take effect upon passage.
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LC01309/SUB A
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